Legal Question in Business Law in New York

Re: Loss of Business

You may have a "private nuisance" claim. As discussed in the leading New York case, Copart Ind. v. Consolidated Edison Co., 41 N.Y.2d 564, 394 N.Y.S.2d 169 (1977), an "essential feature" of a private nuisance is "an interference with the use or enjoyment of land." Id., at 568. That case said that liability for damages on a private nuisance theory may be established if the conduct causing the invasion of use and enjoyment of land was either: (1) intentional, or (2) negligent or reckless, or (3) actionable under rules governing abnormally dangerous activity. Even more specifically, the elements of a private nuisance cause of action in New York are: (1) an interference "substantial" in nature, (2) intentional in origin, (3) unreasonable in character, (4) with a person's property right to use and enjoy land, (5) caused by another's conduct in acting or failure to act. An action for private nuisance cannot be sustained without a showing of damages. The "substantial interference" element requires a showing that the land is reduced in value because of the conduct you're complaining about.

Re: Loss of Business

Depending on the extent of your damage, as well as the possibility of insurance coverage, you may have an action for a loss of business claim...this area of law does happen to be one of our specialties, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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